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Suing to Enforce a Utah Construction Lien

In Utah, mechanic's liens are governed under Title 38, Chapter 1A of the Utah Code.

Once a construction lien is in place, lien claimants must sue to foreclose on the lien in order liquidate any assets (turn them into cash). The lawsuit is a last resort, used after the claimant has exhausted all other options to induce payment or action on the contract.

Lawsuits are started by filing a complaint. A complaint sets forth the cause of action and specific allegations by way of a short and plain statement outlining the facts that make up the claim (such as a breach of contract, use of services without payment, etc.). It identifies the parties; the location and nature of the work or improvement; relevant dates, fees, and payments; and any other information necessary for the specific case. The complaint also asks the court for the type of relief (usually money but other grounds such as cancelling a contract because the other party failed to live up to their part are acceptable remedies).

Contact an attorney before filing a complaint. View this as money well spent, because lawsuits involve multiple steps, and mistakes could be fatal to the case and reduce any potential recovery.
File the complaint in the court of the county where the property is located (and where the lien was originally filed). Ensure all applicable costs are paid and any other forms such as a summons are properly completed as well.

This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please contact a Utah attorney with any questions regarding construction liens or suing to enforce a lien.